The Decision of the International Criminal Court in the Palestine Situation: A Beginning in the Prevention of Impunity for Israeli Crimes

Document Type : Original Article


 Ph.D. Student in Criminal Law and Criminology, Urmia University


On 20 December 2019, in the initial examination of the Palestine situation, the Prosecutor of the International Criminal Court (ICC) sought confirmation by the Pre-Trial Chamber to ensure an immediate investigation. On 22 January 2020, the Prosecutor therefore requested a ruling, in accordance with Article 19(3) of the Rome Statute and based on the opinion of the Pre-Trial Chamber, concerning the matter of jurisdiction in the Palestine situation. On 5 February 2021, the ICC Pre-Trial Chamber decided, by the majority, that the Court’s jurisdiction in the Situation in Palestine, a State Party to the ICC Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. Palestine has thus agreed to be treated as a State Party to the ICC Statute, and based on Resolution 1967 and the Advisory Opinion of International Court of Justice, has the right of referral of the situation.